Albany Birth Injury Lawyer

Was your child harmed by a medical error during birth in Albany, NY?

At Buttafuoco & Associates, we determine whether a preventable medical error caused your child’s injury and pursue the lifelong support your family will need.

If your child was harmed during pregnancy, labor, or delivery in Albany, our Albany, NY birth injury lawyer can review what happened during the birth and, when a preventable error was responsible, pursue the compensation your family needs. At Buttafuoco & Associates, we approach these cases with care, because not every difficult birth is the result of negligence. When the records show that a provider departed from the accepted standard of care, and that the departure caused the injury, we work to document the full, lifelong cost of that harm.

Birth Injury Lawyer Albany, NY

A birth injury case is a form of medical malpractice, focused on the care a mother and child receive during pregnancy, labor, and delivery. It looks at whether an obstetrician, nurse, or hospital managed that care as a competent provider should have, and whether a failure to do so caused a lasting injury. Much of the work is medical rather than legal. It involves reconstructing the hours around the birth from the records, identifying the point at which the care went wrong, and confirming that the injury would have been avoided had the right steps been taken. Because childbirth carries risks that no one can eliminate, the presence of an injury does not by itself establish that anyone was at fault.

Serious birth injuries are relatively uncommon, but their effects can last a lifetime. Cerebral palsy, the most common motor disability in childhood, affects about 1 in 345 children, according to CDC surveillance data. Cerebral palsy has many causes, and most cases are not the result of medical error, but some arise from preventable harm around the time of birth, such as oxygen deprivation. Families in the Capital Region who believe a preventable error injured their child can have the records reviewed to learn what happened. When the evidence supports a claim, our Albany birth injury attorneys work to establish the negligence and prove the full extent of the harm.

Types of Birth Injury Cases We Handle in Albany

Birth injuries take many forms, and their causes are not always apparent at first. We handle Albany birth injury claims that include:

• Oxygen deprivation and cerebral palsy. When a baby is deprived of oxygen during labor or delivery, the resulting brain damage can lead to cerebral palsy and lifelong disability.
• Brachial plexus and Erb’s palsy. Excessive force during a difficult delivery can damage the nerves that control a newborn’s arm and shoulder.
• Delayed or mismanaged cesarean. A failure to order a timely C-section when a baby is in distress can turn a manageable situation into a permanent injury.
• Vacuum and forceps injuries. Improper use of delivery instruments can injure a baby’s head, skull, or nerves.
• Untreated maternal conditions. A failure to diagnose or manage conditions such as preeclampsia, infection, or gestational diabetes can harm both mother and child.
• Medical malpractice. A birth injury is one type of medical malpractice, and the same principles of negligence and causation apply.
• TBI. Oxygen deprivation at birth can cause a permanent brain injury that requires lifelong care.

Why Choose Buttafuoco & Associates as Your Birth Injury Lawyer in Albany, NY?

Experience in Birth Injury and Obstetrical Malpractice

James McCarthy focuses his practice on medical malpractice litigation, including birth injury and obstetrical malpractice cases, from investigation through trial. He has obtained a settlement for a child who developed cerebral palsy as a result of obstetrical malpractice. Dan Buttafuoco founded the firm in 1981, has tried more than 100 cases to verdict, and holds trial-law board certification. Both are members of New York’s trial-lawyer association. A birth injury case requires medical knowledge and the resources to prove a lifetime of need, and our personal injury lawyer in Albany, NY builds a life-care plan that accounts for the decades of treatment, therapy, and support a catastrophically injured child may require.

Results in Medical Malpractice Cases

A birth injury is a form of medical malpractice. The firm’s attorneys have recovered millions of dollars for patients and families harmed by medical negligence. Past results include:

• A $2,000,000 recovery for a child left permanently blind in one eye after a condition present at birth was not treated.
• A $2,940,000 verdict for a young patient whose serious illness was not diagnosed in time.
• A $1,500,000 settlement in a case where a surgical error caused a fatal complication.

Prior results do not guarantee a similar outcome.

What Is Important to Understand About a Birth Injury Case?

Damages, Liability, and Compensation in a Birth Injury Case

Liability in a birth injury case depends on showing two things: that a provider departed from the accepted standard of care, and that the departure caused the child’s injury. Both are established through the medical records and the testimony of qualified medical experts. When liability is established, the compensation reflects the extraordinary and lifelong nature of the harm. It can include:

• Past and future medical care, including surgeries, medication, and hospitalization.
• Physical, occupational, and speech therapy over the child’s lifetime.
• Assistive equipment, home modifications, and specialized transportation.
• Special education and the cost of care the child will need as an adult.
• The child’s lost earning capacity, along with pain and suffering.

Because these cases involve a child, the time limits differ from an ordinary claim. A medical malpractice action in New York is generally governed by a two-and-a-half-year deadline, but for an injury to a child, New York allows additional time, in many cases up to ten years from the date of the injury. A parent’s own related claim can be subject to the shorter period, so it is important to speak with a lawyer promptly. Suits arising from Albany are brought in the Supreme Court in Albany County.

What Is the Timeline of a Birth Injury Case?

A birth injury case usually takes longer than other injury claims, for two reasons. First, the full extent of a child’s injury often becomes clear only over time, as developmental milestones are missed or met. It can take years to understand how the injury will affect the child’s life. Second, these cases require a thorough investigation before a claim is filed, because the complete medical records must be obtained and reviewed, and qualified experts must confirm that the care fell below the accepted standard. Once a claim is filed, it moves through discovery, depositions, and the exchange of expert opinions. Many cases settle, but because the stakes are high, a firm prepared to try the case is better positioned to reach a fair result. A settlement involving a child also requires court approval.

What Are Important Aspects of a Birth Injury Case?

The medical records are the heart of a birth injury case. The prenatal records, the fetal heart-rate monitoring strips from labor, the delivery notes, and the newborn’s hospital records together show what happened and when. These records are reviewed by qualified medical experts, often an obstetrician together with a specialist such as a neonatologist or a pediatric neurologist, who can say whether the care met the accepted standard and whether a different decision would have changed the outcome. Preserving and obtaining the complete records early is important, because they form the basis of every opinion in the case. The care with which this review is done often determines whether a family learns what actually happened to their child.

What Should You Bring to a Consultation?

A first meeting is most useful when you bring what you have, though you do not need to gather everything before you call. Helpful items include your prenatal and delivery records, the child’s hospital and pediatric records, any imaging or test results, and notes on the child’s diagnoses and treatment. A record of what you were told during pregnancy and delivery, and by whom, is valuable as well. If you do not have the records, we can request them for you. The first consultation is free and confidential, and if a review of the records does not support a claim, we will tell you that honestly.

Reach Out to Buttafuoco & Associates to Schedule a Consultation

Learning whether a preventable error harmed your child begins with a careful review of the medical records. At Buttafuoco & Associates, we handle these cases with the sensitivity they deserve and the resources they require. Contact us to speak with our Albany birth injury lawyer about what happened and what your family may be entitled to recover. The first consultation is free.